Commonwealth v. Gregory
Court of Appeals of Kentucky
Case 57. — INDICTMENT AGAINST GREYFUS GREGORY FOR DESTRUCTION OF A CORNER TREE'. Appeal from Wayne Circuit Court. M. L. Jarvis, Circuit Judge. From a judgment sustaining a demurrer to the in-indictment the Commonwealth appeals. 1. The statute simply makes it an offense to ‘break down, destroy, injure or remove * * * any stone, or any tree mark, or post planted, etc.,” and we do take the position that this statute is as broad as- its reading would seemingly make it.
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Case 57. — INDICTMENT AGAINST GREYFUS GREGORY FOR DESTRUCTION OF A CORNER TREE'. Appeal from Wayne Circuit Court. M. L. Jarvis, Circuit Judge. From a judgment sustaining a demurrer to the in-indictment the Commonwealth appeals. 1. The statute simply makes it an offense to ‘break down, destroy, injure or remove * * * any stone, or any tree mark, or post planted, etc.,” and we do take the position that this statute is as broad as- its reading would seemingly make it. It is a misdemeanor to cut, remove or destroy anything that is put up for the purpose of marking a boundary line of any State,…
1Opinion of the Court
Opinion by
Judge Nunn
Reversing.
The appellee was indicted by a grand jury of the Wayne Circuit Court for the destruction by him of a corner tree to the survey of land belonging to William Phipps. The court sustained a demurrer to the indictment, and the Commonwealth has appealed.
The indictment is as follows: “The grand jury of Wayne county, in the name and by the authority of the Commonwealth of Kentucky, accuse Greyfus Gregory of the crime of fraudulently and willfully cut down and-destroy a corner tree to the survey of any tract of land, committed in manner and form as follows, viz.: The said…
2Cited by3 opinions
- Carroll v. CommonwealthCourt of Appeals of Kentucky · 1915
- Stark v. CommonwealthCourt of Appeals of Kentucky · 1916
- Commonwealth v. MirandiCourt of Appeals of Kentucky (pre-1976) · 1932